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Defendant owns a small warehouse that burned after his insurer threatened to cancel coverage for unpaid premiums. Defendant is charged in federal court with mail fraud and arson-related offenses for submitting an insurance claim. Defendant says the fire was accidental and started in an old electrical panel.
The government offers evidence that five years earlier Defendant made an insurance claim after a rented storage unit burned. In that incident, investigators found gasoline residue near the door, Defendant was behind on rent, and a security camera showed Defendant entering the unit shortly before smoke appeared. No charges were filed. The government says the earlier incident shows intent, motive, absence of accident, and a common plan. Defendant argues that the prior incident is merely propensity evidence and will cause the jury to punish him for an uncharged fire.
How should the court analyze the admissibility of the earlier storage-unit fire? Address the permissible and impermissible uses of the evidence, the required showing that the earlier act occurred, Rule 403, and any limiting instruction.